“Automatic Orders” What are they? | divorce automatic orders

“Automatic Orders” What are they?

Gabriella MacDonald, Esq.

When you file for divorce and serve your spouse, you also serve them with a ‘Notice of Automatic Orders.’ Those orders are designed to keep the status quo with respect to certain issues, without a judge having to act.

What issues do these Automatic Orders cover?

  1. Automatic Orders prohibit the sale or transfer of real or personal property without the consent of the other party or an order of the court. This doesn’t apply to spending related to the normal course of business, usual household expenses, or reasonable attorney fees.
  2. Automatic Orders prohibit the sale or transfer of retirement accounts without the consent of your spouse or a court order.
  3. Automatic Orders prohibit further borrowing against any home equity loan, taking out new loans on any assets, or using credit cards for anything outside the normal course of business, usual household expenses, or reasonable attorney fees.
  4. Automatic Orders prohibit you from dropping your children or spouse from any medical insurance policy. You are also prohibited from dropping the policy altogether – health insurance must remain in effect.
  5. Automatic Orders prohibit changing the beneficiary of any life insurance policy, and require that the parties keep all life, auto, homeowners, and renters insurance in place.

The spirit of Automatic Orders is that everything stays the same… no sudden changes should take place that are difficult to undo. If you do need to make big changes because of unusual circumstances, there are ways to go about it.

Gabriella MacDonald, Esq. regularly clients divorce actions throughout Monroe, Ontario, and Livingston Counties, and she can help you with your divorce. To schedule a meeting, please contact us at (585) 485-0025.

The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128